Sec. 51-164m. Judges to establish schedule of fines. (a) The judges of the Superior Court shall establish and maintain a schedule of fines to be paid for the violation of the sections of the general statutes deemed to be infractions. The judges of the Superior Court shall establish and maintain a separate sliding scale of fines for speeding infractions committed under section 14-219 with a minimum fine of fifty dollars and the fine increasing in proportion to the severity of the violation. The fines may be modified as the judges of the Superior Court deem advisable.

(b) The judges of the Superior Court shall establish and maintain a schedule of fines to be paid for those violations of section 14-219 specified in subsection (e) of said section, with such fines increasing in proportion to the severity of the violation and for violations under subsection (b) of section 51-164n. The fines may be modified as the judges of the Superior Court deem advisable.

(c) (1) Except as provided in subdivision (2) of this subsection, no fine established in accordance with the provisions of subsection (a) of this section may be less than thirty-five dollars or more than ninety dollars.

(2) No fine established in accordance with the provisions of subsection (a) of this section for a violation of any provision of title 14 deemed an infraction may be less than fifty dollars or more than ninety dollars, except that fines established for parking tag violations may be less than fifty dollars.

(d) No fine established in accordance with the provisions of subsection (b) of this section may be in an amount in excess of the maximum amount specified by statute for such violation.

(e) Any infraction for which a fine has not been established pursuant to the provisions of subsection (a) of this section shall carry a fine of thirty-five dollars or, if the infraction is for a violation of any provision of title 14, fifty dollars, until such time as the judges of the Superior Court may establish a different fine for such infraction.

(f) Any violation for which a fine has not been established pursuant to subsection (b) of this section shall carry a fine of one hundred dollars or the maximum fine specified by statute for such violation, whichever is less.

History: P.A. 76-381 reduced maximum fine from $100 to $99 in Subsec. (c); P.A. 76-436 amended section to transfer court of common pleas functions to superior court, effective July 1, 1978; P.A. 77-340 specified that superior court power begins as of July 1, 1978, and deleted reference to October 1, 1975, as initial deadline for establishing fine schedule in Subsec. (a); P.A. 79-534 reduced maximum fine in Subsec. (c) to $90 and added Subsec. (d) re $15 fines for infractions for which no other fine has been established pursuant to Subsec. (a); P.A. 80-276 required establishment of sliding scale of fines for speeding infractions in Subsec. (a); P.A. 82-223 provided for a minimum fine of $25 except for parking tag violations; P.A. 82-248 rephrased section and deleted provision re schedule of fines established by judges of the court of common pleas as obsolete; P.A. 83-577 raised minimum fine and fine for an infraction for which the judges have not established a fine from $25 to $35; P.A. 85-429 amended Subsec. (c), providing that fines for violations of the seat belt usage law may be less than $35; P.A. 85-446 deleted former Subsec. (b) which had required that fines for infractions be paid to clerk of superior court, relettering remaining Subsecs. accordingly, effective October 1, 1986; P.A. 90-213 inserted a new Subsec. (b) re the establishment, maintenance and modification of a schedule of fines for speeding violations specified in Sec. 14-219(e), relettering the remaining Subsecs. accordingly; May Sp. Sess. P.A. 92-6 amended Subsec. (b) to add violations under Secs. 13b-404, 13b-404a and 13b-405, violations under regulations adopted under Sec. 13b-410, chapter 268 and Sec. 22a-250(a) and amended Subsec. (c) to add violations of Sec. 27-107; P.A. 93-141 amended Subsec. (b) by deleting reference to violations under Secs. 13b-404, 13b-404a and 13b-405, violations under regulations adopted pursuant to Sec. 13b-410, violations under chapter 268 and Sec. 22a-250(a) and added reference to violations under Sec. 51-164n(b) and amended Subsec. (c) by deleting reference to violations of Sec. 27-107; P.A. 93-307 would have amended Subsec. (b) by deleting references to Secs. 13b-404, 13b-404a and 13b-405 which were repealed by the same act, and substituting reference to Secs. 13b-410a to 13b-410c, inclusive, but failed to take effect, since P.A. 93-141 took precedence, effective June 29, 1993; P.A. 94-135 inserted new Subsec. (d) limiting amount of fine to maximum amount specified by statute for such violation, relettered former Subsec. (d) as (e) and added Subsec. (f) re amount of fine not established pursuant to Subsec. (b) of section; P.A. 10-3 amended Subsec. (a) to rephrase provisions and increase minimum fine for speeding infractions from $35 to $50, amended Subsec. (c) to insert Subdivs. (1) and (2) designators, add exception re Subdiv. (2) and make a technical change in Subdiv. (1), add in Subdiv. (2) provision that no fine for violation of any provision of title 14 may be less than $50 or more than $90, provide in Subdiv. (2) that fines for parking tag violations may be less than $50, rather than less than $35, and delete in Subdiv. (2) exception to minimum fine amount for violations of Sec. 14-100a(c) and amended Subsec. (e) to provide interim fine of $50 for infraction that is violation of any provision of title 14, effective April 14, 2010.

Sec. 51-164n. Procedure upon summons for infraction or certain violations. Payment by mail. Procedure at trial. (a) There shall be a Centralized Infractions Bureau of the Superior Court to handle payments or pleas of not guilty with respect to the commission of an infraction under any provision of the general statutes or a violation set forth in subsection (b) of this section. Except as provided in section 51-164o, any person who is alleged to have committed an infraction or a violation under subsection (b) of this section may plead not guilty or pay the established fine and any additional fee or cost for the infraction or such violation.

(c) If any person who is alleged to have committed an infraction or any violation specified in subsection (b) of this section elects to pay the fine and any additional fees or costs established for such infraction or violation, he shall send payment, by mail or otherwise, to the Centralized Infractions Bureau, made payable to the “clerk of the Superior Court”. Such payment shall be considered a plea of nolo contendere and shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of the person, provided the provisions of this section and section 51-164m shall not affect the application of any administrative sanctions by either the Commissioner of Energy and Environmental Protection authorized under title 26 or the Commissioner of Motor Vehicles authorized under title 14, except that no points shall be assessed by the Commissioner of Motor Vehicles against the operator’s license of such person for such infraction or violation. The Judicial Department shall provide notice of the provisions of this subsection to law enforcement agencies and direct each law enforcement agency issuing a complaint to provide such notice to any person who is alleged to have committed a motor vehicle infraction or violation at the time a complaint alleging such conduct is issued to such person.

(d) If the person elects to plead not guilty, he shall send the plea of not guilty to the Centralized Infractions Bureau. The bureau shall send such plea and request for trial to the clerk of the geographical area where the trial is to be conducted. Such clerk shall advise such person of a date certain for a hearing.

(e) A summons for the commission of an infraction or of a violation specified in subsection (b) of this section shall not be deemed to be an arrest and the commission of an infraction or of any such violation shall not be deemed to be an offense within the meaning of section 53a-24.

(f) The provisions of this section shall apply to the alleged commission of an infraction or a violation specified in subsection (b) of this section by a minor but, in a case involving a minor, a parent or guardian shall sign any plea of nolo contendere or of not guilty on any summons form issued in connection with the matter.

(g) If a person elects to plead not guilty and send the plea of not guilty to the Centralized Infractions Bureau in accordance with subsection (d) of this section, such person may subsequently, at a proceeding at Superior Court, reach an agreement with the prosecutorial official as to the amount of the fine to be paid and elect to pay such fine without appearing before a judicial authority. The amount of the fine agreed upon shall not exceed the amount of the fine established for such infraction or violation. Any person who pays a fine pursuant to this subsection shall also pay any additional fees or costs established for such infraction or violation. Such person shall make such payment to the clerk of the Superior Court and such payment shall be considered a plea of nolo contendere and shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person, provided the provisions of this section and section 51-164m shall not affect the application of any administrative sanctions by either the Commissioner of Energy and Environmental Protection authorized under title 26 or the Commissioner of Motor Vehicles authorized under title 14. A plea of nolo contendere pursuant to this subsection does not have to be submitted in writing. Nothing in this subsection shall affect the right of a person who is alleged to have committed an infraction or any violation specified in subsection (b) of this section to plead not guilty and request a trial before a judicial authority.

(h) In any trial for the alleged commission of an infraction, the practice, procedure, rules of evidence and burden of proof applicable in criminal proceedings shall apply, except that in any trial for the alleged commission of an infraction under subsection (d) of section 21a-267, the burden of proof shall be by the preponderance of the evidence. Any person found guilty at the trial or upon a plea shall be guilty of the commission of an infraction and shall be fined not less than thirty-five dollars or more than ninety dollars or, if the infraction is for a violation of any provision of title 14, not less than fifty dollars or more than ninety dollars.

(i) In any trial for the alleged commission of a violation specified in subsection (b) of this section, the practice, procedure, rules of evidence and burden of proof applicable in criminal proceedings shall apply, except that in any trial for the alleged commission of a violation under subsection (a) of section 21a-279a, the burden of proof shall be by the preponderance of the evidence. Any person found guilty at the trial or upon a plea shall be guilty of the commission of a violation and shall be fined not more than the statutory amount applicable to such violation.

Sec. 51-164o. Procedure for nonresidents. (a) Except as provided in subsection (b) of this section, a nonresident of the state, if summoned for allegedly having committed an infraction, shall be required to post a cash bond or a guaranteed bail bond certificate, as provided in section 14-140a, with the local or state police issuing the summons and shall not be permitted to plead or pay by mail as provided in section 51-164n.

(b) If the nonresident is alleged to have committed an infraction involving a motor vehicle or a violation of section 14-219 specified in subsection (e) of said section and is a resident of a state which has reciprocity with the Commissioner of Motor Vehicles in this state with respect to suspension of operator’s licenses, the nonresident may plead or pay by mail as provided in section 51-164n and shall not be required to post a bond as provided in subsection (a) of this section.

(c) The amount of any bond required by this section shall be the amount of the fine, any additional fee established for the infraction alleged to have been committed, any cost established for the infraction or a violation of section 14-219 specified in subsection (e) of said section as provided in subsection (b) of section 54-143 and section 54-143a and any additional amount calculated in accordance with the percentage increases set forth in section 13b-70 and rounded off to the next highest dollar. The total amount of any such forfeited bond shall be deposited in the General Fund as one undifferentiated lump sum amount or deposited in the Special Transportation Fund as one undifferentiated lump sum amount as may be required by statute.

History: P.A. 79-534 added reference to additional fees; P.A. 80-276 added proviso requiring that bond for person who allegedly committed an infraction under Sec. 14-219 shall include $10 cost imposed by Sec. 54-143(b); P.A. 80-483 amended proviso added by P.A. 80-276 to replace $10 cost with $15 cost; P.A. 81-472 made technical changes; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change; P.A. 84-313 amended Subsec. (c) by replacing provision that amount of bond for person who committed an infraction or a violation of Sec. 14-219 shall also include a cost of $15 imposed by Subsec. (b) of Sec. 54-143 with provision that amount of bond includes any cost established for the infraction as provided in Subsec. (b) of Sec. 54-143 and Sec. 54-143a; P.A. 88-103 amended Subsec. (c) by requiring the total amount of any forfeited bond to be deposited in general fund as undifferentiated lump sum or deposited in special transportation fund as undifferentiated lump sum as may be required by statute; P.A. 89-219 amended Subsec. (c) by requiring the amount of the bond to include any additional amount calculated in accordance with the percentage increases set forth in Sec. 13b-70 and rounded off to the next highest dollar; P.A. 90-213 amended Subsec. (b) to make provisions applicable to a nonresident alleged to have committed “a violation of section 14-219 specified in subsection (e) of said section 14-219” and amended Subsec. (c) to include in the amount of the bond any cost established for “a violation of section 14-219 specified in subsection (e) of section 14-219”.

Sec. 51-164p. Violations of municipal ordinances, regulations and bylaws. (a) Notwithstanding any provision of any special act, local law or the general statutes to the contrary, any violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty does not exceed ninety dollars shall be an infraction as provided for in sections 51-164m and 51-164n.

(b) Notwithstanding any provision of any special act, local law or the general statutes, any violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars shall be a violation as provided for in sections 51-164m and 51-164n.

Sec. 51-164r. Failure to pay or plead. (a) Any person charged with an infraction who fails to pay the fine and any additional fee imposed or send in his plea of not guilty by the answer date or wilfully fails to appear for any scheduled court appearance date which may be required shall be guilty of a class C misdemeanor.

(b) Any person charged with any violation specified in subsection (b) of section 51-164n who fails to pay the fine and any additional fee imposed or send in his plea of not guilty by the answer date or wilfully fails to appear for any scheduled court appearance date which may be required shall be guilty of a class A misdemeanor.

History: P.A. 79-534 added reference to additional fees; May Sp. Sess. P.A. 92-6 added new Subsec. (b) to provide that failure to pay fines and additional fees pursuant to Sec. 51-164n or submit a not guilty plea by the answer date or appear for any trial is guilty of a class A misdemeanor; P.A. 93-141 added “wilfully fails” before “to appear” and changed “trial” to “scheduled court appearance”.